Define: Cross Demand

Cross demand refers to a legal claim made by a defendant against the plaintiff in a lawsuit. It is a counterclaim that asserts the defendant’s right to seek damages or other relief from the plaintiff.

A cross demand can be filed by a defendant in response to the plaintiff’s initial claim. It must be filed within the specified time frame set by the court, usually outlined in the rules of civil procedure.

To file a cross demand, the defendant must have a valid legal claim against the plaintiff. The claim must be related to the same transaction or occurrence as the plaintiff’s initial claim, or it must arise out of the same legal rights or obligations.

Yes, a cross demand can be filed in various types of lawsuits, including civil, criminal, and administrative cases. However, the specific rules and procedures for filing a cross demand may vary depending on the jurisdiction and the nature of the case.

Once a cross demand is filed, the plaintiff becomes the defendant with respect to the cross demand. The court will then consider both the plaintiff’s initial claim and the defendant’s cross demand, and may schedule hearings or trials to resolve the issues raised by both parties.

Yes, a cross demand can be dismissed if it fails to meet the legal requirements or if the court determines that it lacks merit. The court may dismiss the cross demand in whole or in part, depending on the specific circumstances of the case.

Yes, like any other legal claim, a cross demand can be settled or resolved through negotiation between the parties. They may reach a settlement agreement that resolves both the plaintiff’s initial claim and the defendant’s cross demand.

Yes, if either party is dissatisfied with the court’s decision on the cross demand, they may have the right to appeal the judgment. The appellate court will review the lower court’s decision and determine if any errors were made.

In some jurisdictions, cross demands may not be allowed in small claims court due to the simplified nature of the proceedings. However, it is advisable to consult the specific rules and procedures of the relevant small claims court to determine if cross demands are permitted.